I. Deveau Fisheries Ltd. v. Cummins Americas, Inc.
T-1312-95
Dubé J.
17/6/96
6 pp.
Motion to strike defendant's claim against third party for want of jurisdiction-Federal Court Act, s. 22 dealing with maritime jurisdiction of Court-Plaintiff alleging negligence, breach of contract in respect of repairs conducted by defendant to engines of vessels Janica II and Sylvialyn II-Defendant claiming contribution, indemnity from third party in respect of work done on cylinder head of engine of Sylvialyn II-Third party challenging Court's jurisdiction as work conducted not so integrally connected to maritime matters as to be legitimate Canadian maritime law within federal legislative competence-Third party proceeding separate proceeding for determining whether Federal Court has jurisdiction-Independent action to be founded on existing, applicable federal law-Work including dismantling heads, cleaning and inspecting parts, inspecting and reseating valves, reassembling heads-All of work carried out in third party's shop-Whether subject-matter integrally connected to maritime matters-Whether repair done necessary to enable vessel to carry out operations-Maritime link remaining with subcontractor as with contractor since repairs essential for navigation of ship-That work done at shop, not on board vessel, not excluding matter from class of subject of navigation and shipping in Act, s. 22-Motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 22.